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United Parcel Service, or UPS, is one of the largest shipping and receiving companies in the United States, and the company delivers thousands of packages every single day. UPS trucks are common sites on roads all over the country, and their frequency also means that UPS trucks are among the vehicles that can be involved in motor vehicle accidents.
UPS drivers are under tremendous pressure to get deliveries made on time, and there are occasions in which a UPS driver may be to blame for causing a crash. People need to understand that injury claims involving UPS trucks can be far more complicated than traditional car accident claims, and that’s why they need to work with an experienced truck accident lawyer so they can have the best chance of recovering as much financial compensation as possible.
Following a UPS truck accident, a personal injury lawyer can conduct an independent investigation. The lawyer will examine numerous details relating to the accident, including specifically dissecting the performance of a UPS vehicle and addressing any possible safety issues with the truck.
A UPS truck will still need to comply with federal standards and rules. Issues with hours of service for a driver could mean they had been on the road for too long at the time of an accident.
Some cases will ultimately prove that a UPS driver was not negligent and that another driver was to blame for causing a collision. In multi-vehicle accidents, it becomes especially critical for people to retain legal counsel.
Truck accidents can involve a wide assortment of possible kinds of crashes. One of the most common kinds of large truck accidents is the rollover crash, in which a truck actually flips onto its side or rolls over completely.
These types of accidents can often endanger other road users and make it impossible to avoid a collision. Rollover accidents may be the result of driver error or could be a sign of an underlying issue with a vehicle.
Jackknife accidents are another common kind of UPS truck crash in which the cab and the trailer fold in on one another. A wide turn or “squeeze play” accident involves trucks making wide turns and trapping drivers.
An underride collision is when another vehicle slides under a UPS truck, while an override collision is when a UPS truck runs over another car. A T-Bone accident occurs when a UPS truck strikes the side of another vehicle.
Tire blowouts are another common cause of UPS truck accidents. There can also be rear-ended and head-on collisions.
UPS truck accidents can stem from many different kinds of causes. One of the most common issues with most truck drivers is driver fatigue because commercial drivers have to work long hours and may have been on the road for longer than they were legally allowed.
Some UPS drivers may be guilty of driving while intoxicated (DWI) by either alcohol or drugs. It is also possible that a UPS driver may have been subject to distracted driving if they were using a cell phone, adjusting in-vehicle controls, or reading a map.
Speeding and reckless driving can be other common causes of UPS truck accidents. Some cases can involve UPS drivers failing to adjust properly to road conditions.
There can also be cases of improper training by UPS or negligent hiring by a trucking company. A lack of adequate vehicle maintenance could also be to blame for certain UPS truck accidents.
Liability is always a complex issue in a UPS truck accident case, and the insurance company representing UPS will try every trick in the book to claim that another party bears responsibility for causing a crash. People need to be aware of this approach when dealing with insurance companies because many insurers will try to trick people into making damaging admissions that can impact liability in these cases.
Liability will ultimately be determined through an appropriate investigation, as the evidence will usually make clear who should be at fault for a crash. UPS itself could be liable for negligence in terms of hiring, training, supervision, or retention.
FMCSA establishes that all motor carriers must systematically inspect, repair, and maintain all motor vehicles subject to their control, and parts and accessories need to be in safe and proper condition at all times. In other words, UPS must ensure that all of its vehicles are safe to operate.
A tire blowout is one of the most common signs of poor maintenance of trucks, but other common kinds of maintenance issues could include improperly balanced loads, brake failure, or lighting issues.
UPS will do whatever it can to avoid liability. In some cases, UPS may claim its drivers were independent contractors, meaning the company cannot be held liable for the driver’s actions.
Should you be pursuing a claim against UPS itself, your claim will be much more challenging because UPS is going to be represented by extremely professional lawyers who will be committed to ensuring the company pays as little as possible to resolve a claim. UPS will also be in possession of many of the kinds of evidence a victim may need in these cases, but an attorney can send the company a letter of spoliation that will ensure it preserves and hands over all related evidence.
Following a UPS truck accident, a person who hires a personal injury lawyer will usually work with them on filing a claim. When a person files a claim with UPS, the company will usually investigate it and then begin negotiating a possible settlement if UPS does not automatically deny the claim.
Settlement negotiations could proceed for several months, and an attorney may have to file a lawsuit when the statute of limitations nears and a settlement appears to be an impossibility. Most insurance companies will typically agree to settlements because they do not want to pay the steep costs of taking a case to trial.
Our TK Injury Lawyers: Austin Personal Injury Lawyers help victims of UPS truck crashes all around the Austin, Texas area. We have an office in Austin, Texas at 1002 Rio Grande St, Austin, TX 78701, United States. Find us with our GeoCoordinates: 30.274129187629512, -97.7482397424445
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
We fundamentally believe that you hired an Austin Personal Injury Lawyer to represent you in your legal matter and you should have the ability to speak to that lawyer when issues arise.
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After I was hit by a car on my scooter, I worked with Jim Terry and Trent Kelly, with Trent handling the bulk of my case. I was pleased with their professionalism and that they were always good about staying in touch and keeping me up-to-date on my case. I trusted them completely, and they resolved my case faster than I expected, getting me a great settlement!
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“Want to send out a sincere “Thank You” for an outstanding job in handling my case. It took a little over a year to resolve but Jim T. was extremely thorough in putting all of the phases together to close it out. I found out quickly how punctual Jim is as well as his dedication t…
Trent Kelly has been very supportive and very helpful throughout my case. He has been very realistic from day one. He never changed his position. He really cares for you and fights for your case to the best of his ability. Honestly, he got my case resolved for more than I expected. I once had a…
My wife and I were very pleased with the services provided by Jim Terry of TK Injury Lawyers in assisting us with her motor vehicle injury accident. He was extremely professional and kept us up-to-date with the progress. Jim took the time to help us understand the circumstances and legal conside…
After I was hit by a car on my scooter, I worked with Jim Terry and Trent Kelly, with Trent handling the bulk of my case. I was pleased with their professionalism and that they were always good about staying in touch and keeping me up-to-date on my case. I trusted them completely, and they resolved my case faster than I expect…
When my insurance company denied my claim I did not know where to turn. I called Jim Terry and explained my not so easy situation. I had no hope in having my vehicle repaired when I called Mr. Terry. He took on my case and was always in contact with me about where we stood in regards to a resolut…
I want to express my thanks to Attorney Mr. James Terry and staff for their representation, guidance and assistance settling my case. The insurance company was difficult, however Mr. Terry was able to get full policy limits available. The staff always kept me up to date and never left me in the dark. …
Mr. Kelly and Mr. Terry handled my personal injury case in Texas. They contacted me frequently to give me updates on my case and made sure I felt it was being handled to my expectations. I was so pleased with their professionalism. My settlement was extremely fair and timely. I would recommend them to my own family and…
Mr. Terry is an exceptional attorney. James (Jim) is easy to talk to, he explains the process very clearly, and he keeps you informed of events normally before they will occur. Most importantly, he settled the case to everyone’s satisfaction. I used him for a personal injury case and I would highly recommend him.
Trent Kelly is by far the best attorney I have worked with and I was actually married to one! He is professional and got the job done. He is one of the first attorneys I have worked with that did not make me feel like he just took my money and then did nothing. He was referred to me by my daughter who wanted…
I would highly recommend Trent Kelly and have to several friends. I have worked with Trent and his firm several times over the past four years and have always been impressed with the level of service and very confident in his abilities. After working with Trent, he set the bar in characteristics to search for in an…
We handle cases on a contingency-fee basis, meaning costs come out of your recovery, not your pocket.
We’ve helped numerous Austinites win their Austin Personal Injury case and we would love to help you if you’ve experienced a serious accident. Austin Personal Injury Lawyers, Call us today, to speak with either Jim or Trent. We’ll review the details of your case, give you an honest assessment of it, and then, if appropriate, we’ll help you create a legal plan of action to pursue justice on your behalf.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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